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Jose Mathew v. the State of Kerala

Kerala HC20 Sept 2019WP(C)/15325/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted a Writ of Mandamus directing the fourth respondent and others to correct the survey number in the petitioner's pattayam within three months, citing an earlier order treating the discrepancy as a curable defect.

What did the court decide?

The fourth respondent is directed to correct the survey number of the land mentioned in Ext.P1 pattayam as per the direction in Ext.P3 order within a period of three months.

Jose Mathew Vs the State of Kerala — Municipal and Town Planning | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

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WP(C).No.15325 OF 2019(M)

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PETITIONER:

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JOSE MATHEW, AGED 69 YEARS, S/O. MATHEW, AMBATTU HOUSE, MUKKUDAM P.O., KONNATHADI VILLAGE, IDUKKI, PIN- 685 562.

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BY ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695 001.

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2 THE LAND REVENUE COMMISSIONER, COMMISSIONERATE OF LAND REVENUE, THIRUVANANTHAPURAM- 695 001.

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3 THE DISTRICT COLLECTOR, COLLECTORATE, KUYILIMALA, PAINAV P.O., IDUKKI- 685 603.

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4 THE TAHASILDAR, DEVIKULAM TALUK OFFICE, DEVIKULAM, IDUKKI -685 613.

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5 THE VILLAGE OFFCIER, ANAVIRATTY VILLAGE OFFICE, DEVIKULAM, IDUKKI -685 565.

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6 HEAD SURVEYOR, DEVIKULAM TALUK OFFICE, DEVIKULAM, IDUKKI- 685 613.

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7 THE TALUK SURVEYOR, DEVIKULAM TALUK OFFICE, DEVIKULAM, IDUKKI- 685 613.

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BY ADV. SRI.T.RAJASEKHARAN NAIR, SR.GOVT.PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15325 OF 2019

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JUDGMENT

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The petitioner approached this Court on account of delay in correcting survey number in the pattayam issued to the petitioner. As seen from Ext.P3 order, the Land Revenue Commissioner in a revision, ordered that the survey number in the assignment order can be corrected as it was a curable defect. This order was passed as early as on 14.11.2005, on account of delay involved, the petitioner has approached this Court.

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In this matter, a statement has been filed by the Tahsildar. It is stated in paragraph 5 as follows:

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“5. In the light of the above said facts a proceedings dtd.8.5.2019 had been issued in the matter directing the village officer, Anaviratty to submit a proposal for inclusion of old sy.no.232/1-2 and its corresponding resurvey no.24 in Block no.12 in the assignable list of Anaviratty village. As soon as proposal of Village Officer, Anaviratty is received it will be transmitted to the District Collector for including the survey no. in assignable list.”

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In the light of above statement also, there shall be a direction to the fourth respondent to correct the Survey number of

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WP(C).No.15325 OF 2019

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-3-

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the land mentioned in Ext.P1 pattayam as per the direction in Ext.P3 order within a period of three months.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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akv

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WP(C).No.15325 OF 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF PATTA NO. 11970 DATED 7.7.1992 ISSUED BY RESPONDENT NO. 3 IN LA- 4/92/ATY TO THE PETITIONER
EXHIBIT P2	A TRUE COPY OF THE TAX RECEIPT DATED 23.10.1992
EXHIBIT P3	A TRUE COPY OF PROCEEDINGS NO. LR J3- 51590/04/D.DIS OF THE COMMISSIONER OF LAND REVENUE DATED 14.11.2005
EXHIBIT P4	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER WITH THE ENDORSEMENT MADE BY RESPONDENT NO. 3 ON 2.5.2007
EXHIBIT P5	A TRUE COPY OF ORDER NO.C. 13. 40110/08 DATED 24.5.2012 ISSUED BY RESPONDENT NO. 3
EXHIBIT P6	A TRUE COPY OF THE CIRCULAR NO. 35735/A/2/2015/REVENUE DATED 30.10.2017
EXHIBIT P7	A TRUE COPY OF ORDER NO. C. 12/38085/2017 DATED 18.11.2017 ISSUED BY RESPONDENT NO.2
EXHIBIT P8	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER WITH THE ENDORSEMENTS OF RESPONDENT NO. 3 AND RESPONDENT NO. 4
EXHIBIT P9	A TRUE COPY OF THE REPORT DATED 11.12.2017 SUBMITTED BY RESPONDENT NO . 5 TO RESPONDENT NO. 3
EXHIBIT P10	A TRUE COPY OF THE REPORT NO B3-13612/17 DATED 18.1.2018 SUBMITTED BY RESPONDENT NO.7
EXHIBIT P11	A TRUE COPY OF THE JUDGMENT DATED 14.9.2018 IN WPC NO. 30257 OF 2018

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WP(C).No.15325 OF 2019

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-5-

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EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 8.5.2019 ISSUED BY RESPONDENT NO. 4

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY// C.A. TO JUDGE

Jose Mathew v. the State of Kerala

Case brief

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Jose Mathew v. the State of Kerala

Case brief

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